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The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

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Removal from the primary medical services performers list of medical practitioners not performing primary medical services

10.—(1) Where a Health Board has determined, in accordance with the provisions of this regulation, that a performer who is included in the primary medical services performers list has not, for the preceding 12 months, performed primary medical services which that Health Board is, under section 2C(1) of the Act(1), under a duty to provide or secure the provision of, the Health Board may remove the performer from the primary medical service performers list, unless the Scottish Ministers direct to the contrary in accordance with regulation 13(11).

(2) In calculating the period of 12 months referred to in paragraph (1) the Health Board shall disregard any period during which the performer–

(a)was not included in the primary medical service performers list;

(b)was suspended;

(c)was suspended–

(i)before the coming into force of article 13 of the 2002 Order by a committee of the General Medical Council pursuant to section 37 or 41A of the Medical Act 1983(2);

(ii)after the coming into force of that article, by a Fitness to Practise Panel pursuant to section 41A(1)(a) of that Act(3); or

(iii)after the coming into force of that article, in a health case;

(d)was an armed forces GP or performing a period of relevant service in the armed forces.

(3) Before making any determination under paragraph (1) the Health Board shall–

(a)send the performer notice in writing of its intention to remove the performer from the primary medical services performers list and the reasons for that intention;

(b)give the performer the opportunity to make written representations to the Health Board within 30 days of the date of the notification under sub-paragraph (a); and

(c)give the performer the opportunity to make oral representations, if the medical practitioner so requests, within 30 days of the date of notification under sub-paragraph (a).

(4) If the performer requests the opportunity to make oral representations pursuant to paragraph (3)(c), the Health Board shall appoint a committee, of which at least one-third of the members shall be general medical practitioners, to consider those representations and make a recommendation to the Health Board.

(5) If there are no representations within 30 days of the date of notification under paragraph (3)(a) the Health Board shall inform the performer in writing of–

(a)its determination and the reasons for it (including any facts relied upon); and

(b)any right of appeal under regulation 13,

within 7 days of making that determination, and where the Health Board has determined that the performer is to be removed from the primary medical services performers list it shall give the performer 30 days' notice in writing of the date on which the performer will be removed.

(6) Where there are representations by the performer pursuant to paragraph (3)(b) or (c) the Health Board shall take those representations or any recommendation made by the committee appointed in accordance with paragraph (4) into account before reaching its decision, and shall then notify the performer in writing of–

(a)its determination and the reasons for it (including any facts relied upon); and

(b)any right of appeal under regulation 13 (appeal to the Scottish Ministers),

within 7 days of making that determination, and where the Health Board has determined that the performer is to be removed from the primary medical services performer’s list it shall give the performer 30 days' notice in writing of the date on which the performer will be removed.

(7) Where a medical practitioner has appealed to the Scottish Ministers, in accordance with regulation 13, within 21 days of the date on which notice of the determination of the Health Board was given to the performer and the decision on any such appeal is pending, a Health Board shall not remove, by reason of the determination against which appeal has been lodged, that performer from the primary medical services performers list.

(8) No determination under this regulation shall be made in respect of any performer who has completed a period of relevant service in the armed forces until 12 months after the date when the performer completed that period of relevant service in the armed forces.

(1)

1978 c. 29. Section 2C was inserted by the Primary Medical Services (Scotland) Act (asp 1), section 1(2).

(2)

1983 c. 54. Section 37 was amended by the Medical (Professional Performance) Act 1995 (c. 51) (“the 1995 Act”), Schedule, paragraph 6 and by S.I. 2000/1803; section 41A was inserted by S.I. 2000/1803.

(3)

Section 41A is substituted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify.

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